Longshore & Harbor Workers’ Compensation Act – LHWCA – provides a federal recovery scheme to a wide range of maritime workers.
The Act was passed primarily to fill a gap created by Supreme Court rulings that application of state workers’ compensation schemes to maritime employees is unconstitutional.
Thus, the statutory framework operates as a traditional workers’ compensation scheme under which employers receive immunity from tort liability in exchange for providing no-fault compensation benefits to injured workers.
Importantly, the LHWCA recognizes an exception to this general limitation on injured worker remedies, by affording a statutory cause of action on behalf of a covered worker against vessel third parties under § 905(b).
The LHWCA essentially expanded protection beyond seamen who worked aboard vessels.
LHWCA provides remedies for a broad range of maritime workers beyond seamen (essentially it is used to afford protection to land based maritime workers). Excerpted from Jones Act, Maritime, Seaman & McDonough and from the DOL. See also Jones Act, maintenance and cure, seaman and unseaworthiness for more on those terms.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
If you have been injured and/or have been diagnosed with a serious disease (e.g., leukemia, kidney cancer, bladder cancer, mesothelioma) while working as a seaman, and need a Jones act and maritime lawyer to help you file a Jones Act lawsuit, contact our office at 1.800.672.4916.
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